Article 26 of the Constitution

Think of a temple trust, a monastery or a religious sect. Who runs it: the group itself, or the State? Article 26 answers this. It gives religious groups the right to run their own affairs. But the right has limits. Where do those limits lie, and which court cases drew them?

1What Does Article 26 Protect?

• Every religious denomination, or any section of it, gets four rights.
• Clause (a): set up and run institutions for religion and charity.
• Clause (b): manage its own affairs in matters of religion.
• Clause (c): own and acquire movable and immovable property.
• Clause (d): run that property in line with the law.
• All four are subject to public order, morality and health.
• The right belongs to the group. Article 25 is the right of the individual.

2Who Counts as a Religious Denomination?

• The Constitution does not define the word. The Supreme Court did, in 1954.
• A denomination needs a common faith, a common organisation and a distinctive name.
• All three must be present. A loose crowd of believers does not qualify.
• This matters because only a denomination can claim Article 26.
• If a group fails the test, it loses the Article 26 shield. Several later cases turned on this one point.
• In the Durgah Committee case (1961), the Chishtia Soofis of Ajmer were held not to be a denomination with rights over the dargah’s administration.

3What Happened in the Shirur Mutt Case?

• The story begins in Madras State. In 1951, the State passed a law to control Hindu religious and charitable endowments.
• It gave a government Commissioner wide power over temples and mutts (monasteries).
• The head of the Shirur Mutt at Udupi, Sri Lakshmindra Thirtha Swamiar, went to court. He said the law broke his Article 26 rights.
• In 1954, a seven-judge bench of the Supreme Court heard the case.
• The Court said a mutt’s head and his followers can form a denomination. The right to manage religious affairs was theirs.
• It said the State may regulate secular matters, such as how property is run.
• But the State cannot take over what is religious. It struck down provisions that gave too much control.
• The Court also said what is “essential” to a religion is decided by that religion’s own doctrines.

4What Is the Essential-Practice Test?

• Only practices essential to a religion get the full shield of Article 26.
• The idea came from Shirur Mutt (1954). The Court sharpened it in Durgah Committee (1961).
• In 1961 the Court warned that superstitious additions do not earn protection.
• If a practice is not essential, the State may regulate it.
• In Venkataramana Devaru (1958), a denomination’s temple clashed with a law opening temples to all Hindus.
• The Court read Articles 25(2)(b) and 26(b) together. Temple entry for all Hindus won, though the denomination kept some special rites.
• Courts, not the religious group, decide where the line falls. This is why the test is argued so often.

5What Happened in the Sabarimala Case?

• The Sabarimala temple in Kerala did not allow women aged 10 to 50 to enter.
• The temple board said Ayyappa’s devotees form a denomination. It said the rule was an essential practice.
• On 28 September 2018, a five-judge bench ruled 4 to 1 against the ban.
• The majority held that Ayyappa devotees are not a separate denomination.
• It also held that barring women was not an essential religious practice. Justice Indu Malhotra dissented.
• Review petitions followed. In November 2019, the Court sent the larger questions to a bigger bench.
• A nine-judge bench heard those questions from 7 April to 14 May 2026. It then reserved its judgment.
• The questions include how Articles 25 and 26 fit together. No final verdict has been delivered.

6How Far Can the State Step In?

• The State may regulate secular and financial matters of a religious body.
• Examples are how funds are managed and how accounts are kept.
• The State may also act for public order, morality and health.
• It may not decide matters of doctrine or core worship.
• Article 26 has no “other provisions of Part III” clause. Article 25 does.

7What Should You Remember for Exams?

Must Know

• Article 26 protects religious denominations.
• It has four clauses and three limits: public order, morality and health.

Good to Know

• Shirur Mutt (1954) gave the denomination test: common faith, common organisation, distinctive name.
• It also separated religious from secular affairs.

Great to Know

• Article 26 is not absolute (Trap).
• It is not about individuals (Trap).
• Not every practice is protected, only essential ones (Trap).

8How Has This Been Asked in Exams?